Long v. Commonwealth

WADDILL, Commissioner.

Appellant was convicted of armed robbery and sentenced to imprisonment for ten years. KRS 433.140. He appeals on the ground that the trial court erred in overruling his motion for a new trial based on newly discovered evidence. RCr 10.06.

This evidence was presented in three affidavits, two of which were signed by employees of a night club and supported appellant’s alibi that he was in this club when the robbery was committed elsewhere. The third affidavit was signed by the former wife of the victim of the robbery and she stated that he was an ex-convict and would not…